1. The Flowers
A. We have created an initial Eden Garden of CryptoFlowers and will release a certain number of CryptoFlowers to the Expo (thus making them available for purchase), and then we will release a new flower every 10 minutes.
B. As players breed their flowers, new generations of CryptoFlowers will emerge. When you breed two flowers together, a new flower will inherit some of the traits of its parents. New and unique traits may appear if players breed flowers in right combinations. The Smart Contracts have total control over the pseudo-random elements of our breeding process, which means that we cannot manupulate or influence them.
C. How you breed your flowers is up to you. You may breed your own flowers or offer other player's flowers to breed with your flower. Breeding of two CryptoFlowers will always produce a new Flower.
2. The Game
A. In order to play the game, you must first install Chrome, or Firefox, or Brave browser. Once you have installed the browser, you will have to install a Metamask. Metamask is a browser extension that acts as a digital wallet, which allows you to purchase, store and engage in transactions using Ethereum cryptocurrency. You will not be able to engage in any transactions on the Game other than through MetaMask (or other Ethereum-compitable browser). The Game will only recognize you as a user and you will only be able to interact with the Game if your Digital Wallet is connected and unlocked through your MetaMask account. There is no other way to sign up as a user or to interact directly with the Game.
B. Transactions that are made within the Game are managed and confirmed with the Ethereum blockchain. You understand that your Ethereum public address will be made publicly visible whenever you engage in a transaction in the Game.
C. We neither own nor control MetaMask, Coinbase, Google Chrome, the Ethereum network, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Game. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
D. You must provide accurate and complete registration information when you create an account for the Game. By creating an account, you agree to provide accurate, current and complete account information about yourself, and to maintain and promptly update as necessary your account information. You are responsible for the security of your account and your MetaMask wallet (and other Ethereum wallets and accounts).
3. Fees and Payment
A. If you decide to purchase, trade or breed CryptoFlowers in the Game, any financial transactions that you engage in will be conducted solely thgouth the Ethereum Network via MetaMask. We will have no insight into or control over those payments, not do we have the ability to reverse any transaction. With that in mind, we will have no liability to you or to any third party for any clams or damages that may arise as a result of any transaction that you engage in via the Game, or using the Smart Contracts, or any other transactions that you conduct via the Ethereum network or Metamask.
B. Ethereum requires a payment of a transaction fee ("Gas Fee") for each transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction that occurs via the Game.
C. In addition to the Gas Fee, each time you utilize a Smart Contract to conduct transaction with another user via the Game, you authorize us to collect a commission of 1% of the total value of that transaction (a "Commission"). You acknowledge and agree that the Commission will be transferred directly to us through the Ethereum network as part of your payment. We will not collect a Commission for interactions that do not involve the Game Expo.
D. As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the GAME (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or breeding of any of your CryptoFlowers). Except for income taxes levied on CryptoFlowers, you: (i) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to this Agreement. You confirm that you are not a resident in Canada nor are you registered for Goods and services tax / Harmonized sales tax (GST / HST) or Provincial sales taxes (PST) in Canada, and will inform Dapper if your status changes in the future.
4. Ownership, Restrictions, License
A. You acknowledge and agree that we (or, as applicable, our licensors) own all legal right, title and interest in and to all elements of the Game, and all intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with the CryptoFlowers (the “Art”)), design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Game (collectively - the Materials) are owned by CryptoFlowers, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Materials are the copyrighted property of CryptoFlowers or its licensors, and all trademarks, service marks, and trade names associated with the Game or contained in the Materials are proprietary to CryptoFlowers or its licensors. Except as expressly set forth herein, your use of the Game does not grant you ownership of or any other rights with respect to any content, code, data, or other Materials that you may access on or through the Game. We reserve all rights in and to the Materials not expressly granted to you in the Agreement.
For the sake of clarity, you understand and agree: (i) that your “purchase” of a CryptoFlower, whether via the Game or otherwise, does not give you any rights or licenses in or to the Materials (including, without limitation, our copyright in and to the Art associated with that CryptoFlower) other than those expressly contained in this Agreement; (ii) except as otherwise set forth in this Agreement, that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the Materials (including, without limitation, our copyright in and to the Art associated with that CryptoFlower) in any way without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (iii) that you will not apply for, register, or otherwise use or attempt to use any CryptoFlowers trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.
B. From time to time during your use of the Game, you may elect to purchase one or more CryptoFlowers (each, a “Purchased Flower”). Subject to your continued compliance with this Agreement (including, without limitation, the restrictions contained in this Section 4), CryptoFlowers grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for your Purchased Flowers, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of CryptoFlowers, provided that the marketplace cryptographically verifies each Flower owners’ rights to display the Art for their Purchased Flowers to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of CryptoFlowers, provided that the website/application cryptographically verifies each Flower owners’ rights to display the Art for their Purchased Flowers to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased Flower leaves the website/application.
C. You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without CryptoFlowers’s express prior written consent in each case: (i) modify the Art for your Purchased Flowers in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (ii) use the Art for your Purchased Flowers to advertise, market, or sell any third party product or service; (iii) use the Art for your Purchased Flowers in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) use the Art for your Purchased Flowers in movies, videos, or any other forms of media, except to the limited extent that such use is solely for your own personal, non-commercial use; (v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art for your Purchased Flowers; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your Purchased Flowers; or (vii) otherwise utilize the Art for your Purchased Flowers for your or any third party’s commercial benefit. To the extent that Art associated with your Purchased Flowers contains third party intellectual property (e.g., licensed intellectual property from a celebrity or athlete) (“Third Party IP”), you understand and agree as follows: (x) that you will not have the right to use such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (y) that, depending on the nature of the license granted from the owner of the Third Party IP, CryptoFlowers may need to pass through additional restrictions on your ability to use the Art; and (z) to the extent that CryptoFlowers informs you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of this Agreement.
D. The license granted in Section 4B applies only to the extent that you continue to own the applicable Purchased Flowers. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Purchased Flowers for any reason, the license granted in Section 4B will immediately expire with respect to those Flowers without the requirement of notice, and you will have no further rights in or to the Art for those Flowers.
E. You may choose to submit comments, bug reports, ideas or other feedback about the Game, including without limitation about how to improve the Game (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
F. You agree that you are responsible for your own conduct while accessing or using the Game, and for any consequences thereof. You agree to use the Game only for purposes that are legal, proper and in accordance with this Agreement and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the Game any content that infringes the intellectual proprietary rights of any party; (v) use the Game to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) interfere with other users' enjoyment of the Game; (viii) exploit the Game for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the Game; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the Game or any part of it; (xi) reformat or frame any portion of the Game; (xii) display any content on the Game that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Game or the content posted on the Game, or to collect information about its users for any unauthorized purpose; (xiv) create user accounts by automated means or under false or fraudulent pretenses; or (xv) access or use the Game for the purpose of creating a product or service that is competitive with any of our products or services. If you engage in any of the activities prohibited by this Section, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account and/or delete your CryptoFlowers’ images and descriptions from the Game and the Site. If we delete your CryptoFlowers’ images and descriptions from the Game and/or the Site, such deletion will not affect your ownership rights in any CryptoFlowers that you already own.
You may terminate this Agreement at any time by canceling your account on the Game and discontinuing your access to and use of the Game. You will not receive any refunds if you cancel your account, or otherwise terminate this Agreement. You agree that we, in our sole discretion and for any or no reason, may terminate this Agreement and suspend and/or terminate your account(s) for the Game. You agree that any suspension or termination of your access to the Game may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate this Agreement or suspend or terminate your access to or use of the Game due to your breach of this Agreement or any suspected fraudulent, abusive, or illegal activity, then termination of this Agreement will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of this Agreement, whether by you or us, you may no longer have access to information that you have posted on the Game or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Sections 2.C and 3 through 16 will survive the termination or expiration of this Agreement for any reason.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE GAME IS AT YOUR SOLE RISK, AND THAT THE GAME IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE GAME AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE GAME WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE GAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE GAME WILL BE ACCURATE, (III) THE GAME OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE GAME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE GAME WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE GAME, ETHEREUM NETWORK, OR THE METAMASK ELECTRONIC WALLET.
D. CRYPTOFLOWERS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.
E. CryptoFlowers IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
7. Limitation of Liability
A. YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE GAME, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THIS AGREEMENT IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.
C. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE GAME AVAILABLE TO YOU AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE GAME TO YOU WITHOUT THESE LIMITATIONS.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
8. Assumption of Risk
You accept and acknowledge each of the following:
A. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your CryptoFlowers, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of CryptoFlowers will not lose money.
B. You are solely responsible for determining what, if any, taxes apply to your CryptoFlowers-related transactions. CryptoFlowers is not responsible for determining the taxes that apply to your transactions on the Game, the Site, or the Smart Contracts.
C. The Game does not store, send, or receive CryptoFlowers. This is because CryptoFlowers exist only by virtue of the ownership record maintained on the Game’s supporting blockchain in the Ethereum network. Any transfer of CryptoFlowers occurs within the supporting blockchain in the Ethereum network, and not on the Game.
D. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that CryptoFlowers will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network, however caused.
E. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the CryptoFlowers ecosystem, and therefore the potential utility or value of CryptoFlowers.
F. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the CryptoFlowers ecosystem, and therefore the potential utility or value of CryptoFlowers.
G. Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using the ERC-20 standard, including the CryptoFlowers ecosystem.
You agree to hold harmless and indemnify CryptoFlowers and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys' fees arising out of or in any way related to (i) your breach of this Agreement, (ii) your misuse of the Game, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Game. You agree that CryptoFlowers will have control of the defense or settlement of any such claims.
10. External Sites
The Game may include hyperlinks to other web sites or resources (collectively, “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.
11. Changes to the Agreement
We may make changes to the Agreement from time to time. When we make changes, we will make the updated Agreement available on the Game and update the “Last Updated” date at the beginning of this Agreement accordingly. Please check this Agreement periodically for changes. Any changes to the Agreement will apply on the date that they are made, and your continued access to or use of the Game after the Agreement have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Agreement, you may not access or use the Game.
12. Changes to the Game
We are constantly innovating the Game to help provide the best possible experience. You acknowledge and agree that the form and nature of the Game, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the Game at any time without notice.
13. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. THE SERVICE, THE GAMES, THE WEBSITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PWE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, THE GAME AND THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, PWE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, THE GAMES, THE WEBSITE OR THE MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE. PWE ALSO DOES NOT REPRESENT OR WARRANT THAT THE GAMES, THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES, BUGS, ERRORS OR OTHER HARMFUL COMPONENTS OR DEFECTS, TRANSMIT DATA IN A SECURE MANNER, OR FUNCTION PROPERLY WITH THE SERVICE.
B. CryptoFlowers AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. WHILE CryptoFlowers ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, CryptoFlowers CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY CryptoFlowers.
You affirm that you are over the age of 13, as the Game is not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS AGREEMENT ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS OF THIS AGREEMENT FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE GAME, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
16. Dispute Resolution; Arbitration
Please read this Section 15 carefully. It requires you to arbitrate disputes with CryptoFlowers, and limits the manner in which you can seek relief from us.
All disputes arising out of or in connection with this Agreement, including without limitation your access or use of the Game, the Site, or the Smart Contracts, or to any products sold or distributed through the Game, the Site, or the Smart Contracts, will be referred to and finally resolved by arbitration under the rules of the British Columbia International Commercial Arbitration Centre. The appointing authority will be the British Columbia International Commercial Arbitration Centre. The case will be adjudicated by a single arbitrator and will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its applicable rules. Each party will cover its own fees and costs associated with the arbitration proceedings; however, if the arbitrator finds that you cannot afford to pay the fees and costs reasonably associated with the arbitration proceedings, CryptoFlowers will pay them for you. The place of arbitration will be Vancouver, British Columbia, Canada. You may choose to have the arbitration conducted by telephone, based on written submissions. The language of the arbitration will be English. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, CryptoFlowers may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that terms of this Agreement are specifically enforceable by CryptoFlowers through injunctive relief and other equitable remedies without proof of monetary damages.
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE GAME, THE SITE, THE SMART CONTRACTS, OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE GAME, THE SITE, OR THE SMART CONTRACTS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
This Agreement constitute the entire legal agreement between you and CryptoFlowers, govern your access to and use of the Game, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the Game. There are no third party beneficiaries to this Agreement. The parties are independent contractors, and nothing in this Agreement creates any agency, partnership, or joint venture. The language in this Agreement will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any or your rights or obligations under this Agreement, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under this Agreement in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. This Agreement will be governed by and construed in accordance with the laws of the province of British Columbia, Canada and the federal laws of Canada applicable therein, excluding its conflicts of law rules and principles. Subject to Section 15, any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or provincial courts located in Vancouver, British Columbia, and the parties irrevocably consent to the personal jurisdiction and venue there. We will not be liable for any failure or delayed performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labor conditions, power failures, Internet disturbances, or acts or omissions of third parties. You agree that we may provide you with notices (including, without limitation those regarding changes to this Agreement) by email, regular mail, or postings in the Game. By providing us with your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.